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DUI Penalties in New Mexico

The penalties for types of offenses in New Mexico vary greatly depending on the number of offenses the driver has committed in the past, and can include fines, jail time, and licenses suspensions.  A driver convicted of driving under the influence for the first time is guilty of a misdemeanor and could face license revocation of six months (or a year if under the age of 21), as well as up to 90 days in jail and a mandatory alcohol education program.  In addition, first time offenders must have ignition interlock devices installed on their vehicles for a period of one year.

Second time offense is also a misdemeanor that results in a two-year license revocation and up to a year in jail, with 96 hours of jail time becoming mandatory.  The driver will also face a fine between $500-$1000 as well as alcohol treatment, community service, and use of the ignition interlock device for two years.  A third offense is also a misdemeanor in New Mexico and carries a three-year license revocation, anywhere from a month to a year in prison, as well as fines between $750-$1000.  The driver will face the same alcohol treatment programs and community service, as well as being forced to install an ignition interlock device on their vehicle for three years.

Fourth and fifth offenses are considered 4th degree felonies in New Mexico.  They carrylifetime license revocation with a five-year court review, and up to 2 years in prison with 6 months being mandatory.  The driver will pay a fine of up to $5,000 in addition to being subject to alcohol treatment and evaluation programs.  A driver who commits a sixth or subsequent offense is guilty of a felony in the 3rd degree.  The penalties associated with such a charge include a lifetime license revocation with a five-year court review, and anywhere from 18 months to three years in prison, as well as an addition $5,000 fine.

New Mexico also has an aggravated DUI charge which is implemented when the driver is found with an enhanced BAC (0.16 or greater in New Mexico), refuses to submit to a BAC test, or causes a bodily injury while driving under the influence.  Such charges increase the penalties for the driver, and can cause an increase in jail time as well as fines incurred.

Finally, a conviction for driving under the influence with a revoked license in New Mexico is considered a misdemeanor and carries an additional year of license revocation for the driver in addition to anywhere from one week to a year in prison as well as a fine of up to $1,000.

Among the various penalties in New Mexico for such a violation include fines as well as prison sentences (both short and long term) and suspension of driving rights, often for a period of months or years.  Even after committing multiple offenses, drivers have the ability to apply for limited privilege licenses in order to drive for necessity, such as to school or work.

In addition to the penalties prescribed by the court system, there are additional bridges to cross in New Mexico to acquire the privilege of driving once again.  When a defendant is convicted of driving under the influence, the state DMV requires he show proof of financial responsibility in the form of a New Mexico insurance policy meeting the minimum requirements of the state in terms of auto insurance.  A fee must also be paid to the DMV.

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